Introduction:
In today’s digital age, social media has become an integral part of our daily lives, offering a platform for people to share moments, communicate, and connect. But what happens when you are going through a divorce in Texas, and your social media activity is suddenly put under the microscope? Facebook posts, Instagram pictures, and text messages can have a profound impact on divorce cases, including asset division, custody, and alimony.
If you are going through a divorce in Texas, it is essential to be mindful of your online behavior. By taking the right precautions, you can avoid unnecessary complications and protect your interests during the divorce process.
The Role of Social Media in Texas Divorce Cases
Social media activity and electronic communications like texts, tweets, and private messages can play a pivotal role in a divorce case. Texas is a no-fault divorce state, meaning a divorce can proceed without proving marital misconduct. However, Texas law also allows fault-based grounds such as adultery, cruelty, abandonment, or financial misconduct, and social media posts can provide the evidence needed to support such claims.
How Social Media and Digital Communications Are Used as Evidence
- Establishing Marital Misconduct or Fault: Posts or messages that indicate infidelity, excessive spending, or abandonment can be used as evidence to establish grounds for a fault-based divorce.
- Child Custody and Parenting: Pictures or comments related to parenting behavior, substance use, or living conditions can be used to argue for or against child custody.
- Financial Information and Asset Discovery: social media can reveal hidden assets, lavish spending, or undisclosed sources of income that affect asset division or spousal support.
- Undermining Credibility and Testimony: Inconsistent statements between what is posted online and what is claimed in court can be used to discredit a party’s testimony or character.
Examples of How Social Media Has Impacted Texas Divorce Cases
Example #1: Facebook Posts as Evidence of Infidelity
In one Texas case, a husband filed for divorce, claiming his wife was cheating. Although the wife initially denied the accusations, the husband discovered her Facebook posts documenting a romantic vacation with another man. The photographs, comments, and tagged locations contradicted her claims of fidelity.
- Outcome: The Facebook evidence was presented in court to establish adultery, which significantly influenced the fault-based divorce. The wife received a smaller share of the marital assets as a result.
Example #2: Instagram Pictures Showing an Extravagant Lifestyle
A couple in Texas filed for divorce, and the husband claimed financial hardship to minimize his spousal support obligations. Meanwhile, the wife found pictures on his Instagram account that depicted lavish vacations, high-end shopping sprees, and extravagant parties that contradicted his claim of financial distress.
- Outcome: The court used the Instagram posts to demonstrate the husband’s true financial standing. This led to an increased spousal support order to ensure that the wife was fairly compensated.
Example #3: Text Messages Revealing Substance Abuse and Parenting Issues
In a child custody battle, a mother was fighting for sole custody of her children. The father, who was seeking joint custody, claimed he was a responsible and loving parent. However, text messages were uncovered that revealed a history of substance abuse, including admissions of drug use and plans to attend parties where illegal substances were present.
- Outcome: The text messages became critical evidence in the case, with the court determining that the father’s behavior was not in the best interest of the children. The mother was awarded sole custody, while the father was given limited visitation rights.
Example #4: Snapchat and Disregard for Court Orders
A Texas husband was ordered to pay temporary spousal support during the divorce proceedings. Despite claiming he could not afford the payments, the wife found his Snapchat posts flaunting expensive purchases, such as a new sports car and trips to luxury hotels.
- Outcome: The Snapchat evidence was used to prove that the husband had the financial means to comply with the support order, resulting in the court enforcing the payment of spousal support and potentially finding the husband in contempt.
How Social Media and Texts Can Affect Different Aspects of a Texas Divorce
- Marital Misconduct and Fault Grounds
Social media can provide evidence to support fault-based grounds for divorce, such as adultery, cruelty, abandonment, or other misconduct. Posts or messages that indicate an extramarital affair, abusive behavior, or other wrongdoing can strengthen a party’s case for a fault-based divorce.
- Child Custody and Parenting Time
When determining child custody and parenting time, the court considers the best interests of the child. Social media activity that reflects poor parenting decisions, neglect, or dangerous behavior can negatively affect a parent’s custody rights.
- Financial Disclosure and Asset Division
During divorce proceedings, both parties are required to fully disclose their assets and financial situation. Social media can reveal hidden assets, lavish spending, or financial misconduct that affects how assets are divided and how spousal support is awarded.
- Alimony/Spousal Support
When determining alimony, courts in Texas assess the financial circumstances of both spouses. Social media posts that suggest a spouse has the financial means to support themselves or show extravagant spending may impact spousal support orders.
Best Practices: How to Protect Yourself on Social Media During a Divorce
If you are going through a divorce, it is crucial to handle your social media and digital communications carefully. Here are some tips to protect yourself:
- Reconsider What You Post
- Avoid Posting Anything That Could Be Used Against You: Refrain from posting about your social life, dating, travel plans, finances, or parenting decisions during the divorce.
- Adjust Your Privacy Settings
- Tighten Privacy Controls on Social Media Accounts: Ensure that your privacy settings restrict who can view your posts, photos, and activity. Limit access to only trusted friends and family.
- Communicate Cautiously via Text and Messaging Apps
- Assume That All Digital Communications Can Be Used in Court: Text messages, direct messages (DMs), and emails can all be subpoenaed and presented as evidence. Avoid discussing sensitive matters or expressing anger, frustration, or negative feelings via text.
- Do Not Attempt to Delete or Hide Content
- Avoid Deleting Social Media Posts or Accounts: Attempting to delete content or entire social media accounts during a divorce can be viewed as spoliation of evidence, and the court may view it as an attempt to conceal information.
How do we assist?
Social media and electronic communications have become powerful tools in Texas divorce cases, impacting everything from child custody to asset division. While platforms like Facebook, Instagram, and messaging apps can provide valuable evidence, they can also create pitfalls for unwary users.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.